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Court of Appeal in Fort Portal overturns life imprisonment sentence, releases two

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On Day Three of the ongoing Court of Appeal’s Criminal Session, Justices; Kenneth Kakuru, Christopher Madrama and Irene Mulyagonja have delivered four decisions in fulfillment of their promise to expedite Justice and to deliver Judgments in time.

The court released two appellants and reduced sentences in the other two cases.

While ordering for the acquittal of Asuman Katende, who was meant to serve life imprisonment, their Lordships decried the unfortunate delay to hear some of the Appeals for over 10 years, which unfortunately has its indelible consequences on the accused persons, who may eventually be found innocent.

The other appellant who was released was serving a 25-year jail term for the offence of murder. The Court noted that Tumuhimbise Edward was of unsound mind at the time of committing the offence, but the trial court did not make a finding on this issue. The court argued that having spent about 12 years in prison, it was no longer viable to order a retrial and refer the appellants for Ministers Order under S.45 of the Trial Indictment Act.

In the other appeals; the Court substituted a 24 year jail term with a sentence of 12 years and six months for the offence of Aggravated Robbery. Another appellant who was serving a 25-year jail term for Aggravated Defilement is now serving 13 years and seven months. The Court considered that he had pleaded guilty, was a first offender and exhibited intentions to reform and become useful in society.

The Court’s Deputy Registrar, Ayebare Tumwebaze reiterated the Justices’ commitment to ensure timely justice delivery.

He said that more Judgments are to be delivered before the hearing phase ends, while the remaining judgments will be delivered in a month’s time.

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